Welcome to the website working and trading as Hokkaidoguide.com (http://hokkaidoguide.com). Use of this site is governed by the Terms and Conditions set forth in this USER AGREEMENT. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. By using, accessing or uploading materials to this website you agree to follow the terms and provisions as outlined in this notice, which applies to all visits to the hokkaidoguide.com website, both now and in the future. Hokkaidoguide.com may at anytime revise and update these Terms and Conditions. You are therefore encouraged to periodically visit this page to review the most current Terms and Conditions to which you are bound. If you do not agree to these Terms and Condition of Use, you are not authorized to use this website.
FEES AND COSTS
All fees and costs associated with using the hokkaidoguide.com site for the purposes of advertising, posting or use of the site are payable up front and in full before any further actions need be taken by hokkaidoguide.com. No refunds are available under any circumstances unless otherwise previously agreed upon and stated in writing by hokkaidoguide.com
USER SECURITY, ACCOUNT and PASSWORD
If you receive a password and account designation upon completing a Site registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify hokkaidoguide.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Hokkaidoguide.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
In using this Site, you agree to not :
1) upload, post, email or otherwise transmit any materials including but not limited to text, data, photos, graphics, etc. that are unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous, hateful, racially, ethnically or otherwise objectionable, or invasive of another’s rights including but not limited to rights of celebrity, privacy and intellectual property.
2) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
3) upload, post, email or otherwise transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By uploading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content;
4) upload, post, email or otherwise transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
5) upload, post, email or otherwise transmit any UNSOLICITED or UNAUTHORISED advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
6) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
7) upload, post, email or otherwise transmit false or misleading information;
8) disrupt or interfere with the security of, or otherwise abuse, this site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites.
9) access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution ;
10) disrupt or interfere with any other user’s enjoyment of this Site or affiliated or linked websites.
11) frame or link to this Site except as previously discussed and permitted in writing by hokkaidoguide.com;
12) upload, post, email or otherwise transmit any material that contains adware, spyware, dialers or any other type of malicious or intrusive software;
You acknowledge that hokkaidoguide.com cannot pre-screen all content, but that hokkaidoguide.com and its designees shall have the right (but not the obligation) in their sole discretion to reject or remove any Content that is available via the Site. Without limiting the foregoing, hokkaidoguide.com and its designees shall have the right to remove any Content that violates the USER AGREEMENT or is otherwise objectionable to hokkaidoguide.com. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content, created by or submitted to, hokkaidoguide.com.
You acknowledge and agree that hokkaidoguide.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: ( i) comply with legal process; (ii) enforce the USER AGREEMENT; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of hokkaidoguide.com, its users and the public.
You understand that the technical processing and operation of the Site, including your Content, may involve ( i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.
All users including schools, instructors, clients, students and anyone else using the services of this site for any purpose what so ever are obligated to treat all other parties in a respectful manner and will, to the best of their ability, act in accordance with any agreements (explicit or implied) made between any other party involved in stated agreement (explicit or implied).
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account. Hokkaidoguide.com takes no responsibility and assumes no liability for any Content uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography or profanity you or a third party may encounter. Hokkaidoguide.com reserves the right but not the obligation to remove any materials it deems objectionable. You hereby agree to waive any claims against hokkaidoguide.com and its affiliates, contractors, agents and employees for losses, damages and injuries which are based on or relate to communications or materials made available to the Site or posted on the Site by persons other than hokkaidoguide.com or its affiliates. You hereby agree to indemnify hokkaidoguide.com and its affiliates from all claims and expenses, including reasonable attorney’s fees, which claims are based on or arise from your violation of any of the provisions of this USER AGREEMENT.
Any record or advertisement, displayed on this site, that is found to contain deliberate falsehoods, misinformation or be in violation of any of the terms of this USER AGREEMENT shall be immediately deleted and the information from that record or advertisement shall be stored in the system in such a way as to prevent any further use of that information. Hokkaidoguide.com adheres to the laws of Japan and will contact relevant authorities in relation to any misconduct found to be sent through or advertised on this site.
No royalties, exchanges or refunds of any kind will be owed or paid by hokkaidoguide.com on images, content or advertisements which are in violation of any of the provisions of this USER AGREEMENT. As well as this USER AGREEMENT this includes, but is not limited to, images that contain objectionable content or are posted in violation of the intellectual property, privacy or celebrity rights of any person or entity.
Your privacy is very important to hokkaidoguide.com. By accepting this Agreement you expressly consent to hokkaidoguide.com’s disclosure and use of your personal information (including using email to communicate with you) to conduct its business in an appropriate manner in fitting with this USER AGREEMENT. Your personal information may be used by hokkaidoguide.com for purposes of verification and identification in regards to information posted on this site. Information will be given in cooperation and assistance of any and all legal actions taken against users of this site who violate local, state or federal laws in any way as presented in a court of law. Personal information can and will be used for advertising and other processes affiliated to hokkaidoguide.com unless expressly stated otherwise in writing by hokkaidoguide.com.
HOKKAIDOGUIDE.COM IS ONLY A VENUE
Hokkaidoguide.com acts solely and exclusively as a venue for businesses to post information and to possibly be contacted by prospective customers / clients. The site serves only as this purpose and is not involved in the actual transaction between the businesses and customers / clients. As a result, we have no control over the quality, safety or legality of the services or abilities advertised, the truth or accuracy of the listings, the ability of businesses to supply advertised services or stated abilities or the ability of customers or clients to pay for services requested. We cannot ensure that a business or the client / customer will actually complete any transactions previously agreed upon at all or in the previously said manner.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ALINKLINK.COM AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
HOKKAIDOGUIDE.COM DOES NOT MAKE ANY WARRANTY THAT (A) THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR (B) THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU AGREE THAT HOKKAIDOGUIDE.COM SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH THE SITE OR ANY CONTENT CONTAINED THEREIN INCLUDING BUT NOT LIMITED TO LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF HOKKAIDOGUIDE.COM, ITS AFFILIATES, ITS LICENSORS, OR A USER’S OWN ERRORS AND/OR OMISSIONS.
YOU ACKNOWLEDGE THAT HOKKAIDOGUIDE.COM DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SERVICE. EXCEPT AS OTHERWISE AGREED IN WRITING, HOKKAIDOGUIDE.COM AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE.
YOU ACKNOWLEDGE THAT HOKKAIDOGUIDE.COM MAKES NO WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HOKKAIDOGUIDE.COM OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
You acknowledge and agree that any Content, including but not limited to text, data, photos, graphics, etc. or other material contained or distributed on or through the Site, by hokkaidoguide.com, its advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any Content received through the site without the authorization of the Content owner, except for uses permitted by law. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute Content available through the Site including code and software, in violation of applicable copyright and other intellectual property laws.
By submitting Content to hokkaidoguide.com, you grant hokkaidoguide.com and its affiliates a perpetual, worldwide, non-exclusive license to use, reproduce, distribute, and display your Content.
You acknowledge and agree that the Site and any software used in connection with the Site, contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part.
The intellectual property rights in or relating to the content of any notes, messages, e-mails, postings, letters, ideas, suggestions, concepts or other written materials which you submit or communicate to hokkaidoguide.com will automatically be deemed to be assigned, granted and transferred by you to hokkaidoguide.com upon their submission or communication to hokkaidoguide.com, and you agree that the same will automatically become the property of hokkaidoguide.com and that hokkaidoguide.com shall be entitled to use, exploit, copy, publish, implement, transfer and in all other ways deal with such materials and all of the intellectual property rights therein in any way and for any purpose hokkaidoguidek.com may elect, forever.
COPYRIGHT AND TRADEMARKS
Hokkaidoguide.com respects the intellectual property rights of others. We ask our users to do the same. Hokkaidoguide.com may terminate the accounts of users who appear to infringe the copyright or other intellectual property rights of others.
If you believe that your Content has been copied in a way that constitutes copyright and/or trademark infringement, please notify the staff at hokkaidoguide.com immediately, and provide the following information:
a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright/trademark interest;
b) a description of the copyrighted work and/or trademark claimed to have been infringed;
c) a description of where the claimed infringing Content is located on our Site;
d) your address, telephone number, and email address
e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright/trademark owner, its agent, or the law;
f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are authorized to act on behalf of the owner of the copyright/trademark interest involved.
Hokkaidoguide.com cannot guarantee under any circumstances that information posted on this site is not violating copyright laws.
All copyright and trademark issues may be forwarded to hokkaidoguide.com at firstname.lastname@example.org.
WARRANTY OF OWNERSHIP AND NON-INFRINGEMENT
YOU REPRESENT AND WARRANT THAT YOU ARE THE OWNER OF THE CONTENT WHICH YOU SUBMIT AND THAT THE CONTENT DOES NOT INFRINGE UPON THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS (COPYRIGHTS AND TRADEMARKS) OR OTHER RIGHTS OF OTHERS. YOU ALSO REPRESENT THAT THERE ARE NO OUTSTANDING DISPUTES IN CONNECTION WITH THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN THE CONTENT OR ANY PARTS OF THE CONTENT.
You agree to defend, indemnify and hold hokkaidoguide.com and hokkaidoguide.com’s officers, directors, employees and agents harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on (a) content you submit, post to or transmit through the Site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of the Agreement or (e) your violation of any rights of a third party.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site or access to the Site without hokkaidoguide.com’s express written consent.
You agree that hokkaidoguide.com, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any Content you may have contributed to the Site, at any time for any reason or no reason. Hokkaidoguide.com may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this USER AGREEMENT may be effected without prior notice, and acknowledge and agree that hokkaidoguide.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files of the Site. Further, you agree that hokkaidoguide.com shall not be liable to you or any third-party for any termination of your access to the Site. Should you object to any terms and conditions of the Agreement or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue your use of the Site and/or terminate your account.
The Site may provide, or third parties may provide, links to other websites or resources. Because hokkaidoguide.com has no control of such sites and resources, you acknowledge and agree that hokkaidoguide.com is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that hokkaidoguide.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL HOKKAIDOGUIDE.COM OR ITS PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, AFFILIATES, DIRECTORS, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING HOKKAIDOGUIDE.COM OR RELATED SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ALINKLINK.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR (E) ANY OTHER MATTER RELATING TO THE SITE. IN JURISDICTIONS WHERE THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES IS NOT PERMITTED, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
If any provision of this Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this Agreement shall in no way be affected or impaired.
These terms and conditions shall be governed by and construed in accordance with the laws of the Japan . You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in a legal court of law in Sapporo, Hokkaido, Japan and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.